WSR 03-16-058

PROPOSED RULES

SECRETARY OF STATE


[ Filed August 1, 2003, 10:52 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-13-004.

     Title of Rule: Washington citizens' commission on salaries for elected officials.

     Purpose: Update the timelines and repeal outdated sections.

     Statutory Authority for Adoption: RCW 43.03.305.

     Statute Being Implemented: RCW 43.03.305.

     Summary: Update the timelines and repeal outdated sections.

     Reasons Supporting Proposal: Good government.

     Name of Agency Personnel Responsible for Drafting: Bill Huennekens, Office of the Secretary of State, (360) 902-4180; Implementation and Enforcement: Dean Logan, Office of the Secretary of State, (360) 902-4180.

     Name of Proponent: Office of the Secretary of State, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Conducting the selection of names for the citizens' commission on salaries for elected officials by lot, notifying persons selected for the commission and forwarding the names of selected person[s] to the governor.

     Proposal Changes the Following Existing Rules: Updates the dates and deadlines to correspond with legislative changes made by chapter 102, Laws of 1999.

     Eliminates rules on transmitting and compiling the data file of records of registered voters.

     No small business economic impact statement has been prepared under chapter 19.85 RCW.

     RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(ii) establishes that this section does not apply to rules relating only to internal government operations.

     Hearing Location: Office of Secretary of State, 520 Union Avenue S.E., Olympia, WA, on September 18, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Bill Huennekens by September 18, 2003, TDD (800) 422-8683.

     Submit Written Comments to: Bill Huennekens, Office of the Secretary of State, P.O. Box 40229, Olympia, WA 98504-0229, fax (360) 586-5629, by September 18, 2003.

     Date of Intended Adoption: November 1, 2003.

August 1, 2003

Steve Excell

Assistant Secretary of State

OTS-6525.1


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-209-050   Conducting the selection of names by lot.   No later than ((January)) May 20 of the year of selection, the secretary of state shall arrange for the random selection of approximately an equal number of names of registered voters from each congressional district that requires appointment of a new commissioner. The secretary of state may employ a properly programmed electronic data processing system or device to make the random selection of registered voters as required by this section. ((The secretary of state shall request a separate list of registered voters for each congressional district to be selected by a random sample from the lists compiled under WAC 434-209-040.))

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-209-050, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), § 434-09-050, filed 2/19/87.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-209-060   Notifying persons selected by lot.   (1) No later than ((January)) May 31 of the year of selection, the secretary of state shall notify by nonforwardable 1st class mail each person selected by lot under WAC 434-209-050. The notification shall contain a response form and prestamped, self-addressed return envelope. The notification shall include the statutory qualifications for membership on the commission as specified in RCW 43.03.305 and describe the duties of the position under RCW 43.03.310. The notification shall request the person selected to confirm on the form whether or not they meet the statutory qualifications to serve on the commission and to indicate if they are willing to serve on the commission in the specified capacity. Each person shall be requested to return the form no later than ((February)) June 10 of that year. Any selected person, by appropriate indication on the form, may decline to serve on the commission. The secretary of state shall take as conclusive indication that the person has declined to serve if the form is not received by the secretary of state on or before ((February)) June 10 of that year. The notification shall include an appropriate notice of this deadline.

     (2) The secretary of state shall compile a list by congressional district of each qualified person who has responded to the notification, confirmed that they meet the specified qualifications and are willing to serve on the commission as requested in subsection (1) of this section.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-209-060, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), § 434-09-060, filed 2/19/87.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-209-080   Names of selected persons to governor.   No later than ((February 15)) July 1 of the year of selection, the secretary of state shall forward to the governor the certified list of the names of the first registered voter selected from each congressional district under WAC 434-209-070. In the event that one of the persons certified to the governor declines appointment, the secretary of state shall forward to the governor the name of the next registered voter from the same congressional district on the list compiled under WAC 434-209-070.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-209-080, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), § 434-09-080, filed 2/19/87.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 434-209-040 Transmitting and compiling the data file of records of registered voters.

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